The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 3 V.S.A. § 1104)
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§ 1104. Criminal actions
(a) Except as provided in subsection (c) of this section, in any criminal action brought
against a State employee, the Defender General shall defend the State employee if
the employee requests defense and if the Defender General finds that:
(1) The action does not constitute a motor vehicle violation.
(2) The action is brought on account of an act or omission within the scope of the employee’s
official duties as a State employee. The State shall not otherwise be obligated to
defend the employee.
(b) If the Defender General finds that he or she cannot adequately represent the employee,
the Defender General shall authorize the employee to retain legal counsel at State
expense. The terms under which private counsel is retained for a State employee at
State expense under this section shall be the same as those governing assigned counsel
under 13 V.S.A. § 5272 and rules of the Supreme Court promulgated with respect thereto.
(c) Notwithstanding any other provision of this section, if a criminal action is brought
against an employee of the Department of Corrections, the findings required to be
made under subsection (a) of this section shall be made by the Commissioner of the
Department of Human Resources. If the Commissioner finds that the employee of the
Department of Corrections is entitled to a defense, the employee shall have the choice
of representation by the Defender General or counsel retained under the terms of subsection
(b) of this section. (Added 1977, No. 233 (Adj. Sess.), § 4, eff. April 17, 1978; amended 2003, No. 156 (Adj. Sess.), § 15.)